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FRIED v. JACOB HOLDING, INC.

2011-00620, Index No. 4450/10.

110 A.D.3d 56 (2013)

970 N.Y.S.2d 260

2013 NY Slip Op 5555

RAIZEL FRIED et al., Appellants, v. JACOB HOLDING, INC., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 7, 2013.

Attorney(s) appearing for the Case

Herschel Kulefsky , New York City ( Ephrem J. Wertenteil of counsel), for appellants.

Paganini, Cioci, Pinter, Cusumano & Farole and Gannon, Rosenfarb, Balletti & Drossman, New York City ( Lisa L. Gokhulsingh of counsel), for respondent.

ANGIOLILLO, J.P., LEVENTHAL and LOTT, JJ., concur.

OPINION OF THE COURT

BALKIN, J.

The Supreme Court denied the plaintiffs' motion for leave to enter a default judgment and granted the defendant's application, in effect, for leave to serve a late answer, and to compel the plaintiffs to accept service of that answer. The principal issue on this appeal is whether it was proper for the court to consider the defendant's application when the defendant had not made its...

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